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Ethnicity Effects on Sentence Outcomes in Large Urban Courts: Comparisons Among White, Black, and Hispanic Defendants

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  • Stephen Demuth
  • Darrell Steffensmeier

Abstract

Objective. This study examines Hispanic‐black‐white differences in sentences imposed on offenders appearing in state felony courts. Methods. The present study uses data collected by the State Court Processing Statistics (SCPS) program of the Bureau of Justice Statistics for the years 1990, 1992, 1994, and 1996. Results. Hispanic defendants are sentenced more similarly to black defendants than white defendants. Both black and Hispanic defendants tend to receive harsher sentences than white defendants. Also, ethnicity effects are the largest in the sentencing of drug offenders, whereas race effects are largest in the sentencing of property offenders. Furthermore, the present study demonstrates that the failure to consider defendants' ethnicity in comparing black‐white sentence outcomes is likely to result in findings that misrepresent black‐white differences. Conclusions. The results clearly demonstrate the necessity of considering not only defendants' race (i.e., black‐white differences) in sentencing but expanding our focus to also include defendants' ethnicity (i.e., Hispanic‐white and Hispanic‐black differences).

Suggested Citation

  • Stephen Demuth & Darrell Steffensmeier, 2004. "Ethnicity Effects on Sentence Outcomes in Large Urban Courts: Comparisons Among White, Black, and Hispanic Defendants," Social Science Quarterly, Southwestern Social Science Association, vol. 85(4), pages 994-1011, December.
  • Handle: RePEc:bla:socsci:v:85:y:2004:i:4:p:994-1011
    DOI: 10.1111/j.0038-4941.2004.00255.x
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    Cited by:

    1. Chai, April Miin Miin & Yaksic, Enzo & Chopin, Julien & Fortin, Francis & Hewitt, Ashley, 2022. "Time after time: Factors predicting murder series' duration," Journal of Criminal Justice, Elsevier, vol. 81(C).
    2. Threadcraft-Walker, Whitney & Threadcraft, Melody Mitchell & Henderson, Howard & Rembert, David, 2018. "Gender, race/ethnicity and prediction: Risk in behavioral assessment," Journal of Criminal Justice, Elsevier, vol. 54(C), pages 12-19.
    3. Tillyer, Rob & Hartley, Richard D., 2010. "Driving racial profiling research forward: Learning lessons from sentencing research," Journal of Criminal Justice, Elsevier, vol. 38(4), pages 657-665, July.
    4. Franklin, Cortney A. & Fearn, Noelle E., 2008. "Gender, race, and formal court decision-making outcomes: Chivalry/paternalism, conflict theory or gender conflict?," Journal of Criminal Justice, Elsevier, vol. 36(3), pages 279-290, July.
    5. Helms, Ronald, 2009. "Modeling the politics of punishment: A conceptual and empirical analysis of 'law in action' in criminal sentencing," Journal of Criminal Justice, Elsevier, vol. 37(1), pages 10-20, January.
    6. Joshua Grossman & Julian Nyarko & Sharad Goel, 2023. "Racial bias as a multi‐stage, multi‐actor problem: An analysis of pretrial detention," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 20(1), pages 86-133, March.
    7. Traci R. Burch, 2014. "Effects of Imprisonment and Community Supervision on Neighborhood Political Participation in North Carolina," The ANNALS of the American Academy of Political and Social Science, , vol. 651(1), pages 184-201, January.
    8. Marta Marson & Matteo Migheli & Donatella Saccone, 2021. "New evidence on the link between ethnic fractionalization and economic freedom," Economics of Governance, Springer, vol. 22(3), pages 257-292, September.
    9. Carmichael, Jason T., 2010. "Sentencing disparities for juvenile offenders sentenced to adult prisons: An individual and contextual analysis," Journal of Criminal Justice, Elsevier, vol. 38(4), pages 747-757, July.
    10. Harrison, Anna J. & Jakubowski, Jessica A. & Abram, Karen M. & Teplin, Linda A. & Welty, Leah J., 2020. "Patterns of incarceration among youth after detention: A 16-year longitudinal study," Children and Youth Services Review, Elsevier, vol. 108(C).
    11. Traci Burch, 2015. "Skin Color and the Criminal Justice System: Beyond Black‐White Disparities in Sentencing," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 12(3), pages 395-420, September.

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